WVC 18 - 9 A- 4
§18-9A-4. Foundation allowance for professional educators.
(a) The basic foundation allowance to the county for
professional educators shall be the amount of money required to pay
the state minimum salaries, in accordance with provisions of
article four, chapter eighteen-a of this code, to the personnel
employed, subject to the following:

(1) Subject to subdivision (2) of this subsection, in making
this computation no county shall receive an allowance for the
personnel which number is in excess of professional educators to
each one thousand students in net enrollment as follows:

(A) For each high-density county, the number of personnel for
which a county shall receive the allowance shall not exceed
seventy-two and one tenth professional educators per each one
thousand students in net enrollment;

(B) For each medium-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
seventy-two and twenty-five one hundredths professional educators
per each one thousand students in net enrollment;

(C) For each low-density county, the number of personnel for
which a county shall receive the allowance shall not exceed
seventy-two and four tenths professional educators per each one
thousand students in net enrollment; and

(D) For each sparse-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
seventy-two and fifty-five one hundredths professional educators per each one thousand students in net enrollment;

(2) For the ratios applicable to each of the four density
categories set forth in subdivision (1) of this subsection, the
number of professional educators per each one thousand students in
net enrollment increases by five one hundredths per year for each
of fiscal years two thousand ten, two thousand eleven, two thousand
twelve and two thousand thirteen. For each fiscal year thereafter,
the ratios remain at the two thousand thirteen level.

(3) The number of and the allowance for personnel paid in part
by state and county funds shall be prorated; and

(4) Where two or more counties join together in support of a
vocational or comprehensive high school or any other program or
service, the professional educators for the school or program may
be prorated among the participating counties on the basis of each
one's enrollment therein and the personnel shall be considered
within the above-stated limit.

(b) Subject to subsection (c) of this section, each county
board shall establish and maintain a minimum ratio of professional
instructional personnel per one thousand students in net enrollment
as follows:

(1) For each high-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-five and eight tenths;

(2) For each medium-density county, the minimum number of
professional instructional personnel per one thousand students in net enrollment is sixty-five and nine tenths;

(3) For each low-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-six;

(4) For each sparse-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-six and five one hundredths.

(c) For the ratios applicable to each of the four density
categories set forth in subsection (b) of this subsection, the
number of professional instructional personnel per each one
thousand students in net enrollment increases by five one
hundredths per year for each of fiscal years two thousand ten, two
thousand eleven, two thousand twelve and two thousand thirteen.
For each fiscal year thereafter, the ratios remain at the two
thousand thirteen level.

(d) Any county board which does not establish and maintain the
applicable minimum ratio required in subsection (b) of this section
shall suffer a pro rata reduction in the allowance for professional
educators under this section: Provided, That no county shall be
penalized if it has increases in enrollment during that school
year: Provided, however, That for the school year two thousand
eight - two thousand nine, only, no county shall be penalized for
not meeting the applicable minimum ratio required in subsection (b)
of this section.

(e) No county shall increase the number of administrative personnel employed as either professional educators or pay grade
"H" service personnel above the number which were employed, or for
which positions were posted, on the thirtieth day of June, one
thousand nine hundred ninety, and, therefore, county boards shall
whenever possible utilize classroom teachers for curriculum
administrative positions through the use of modified or extended
contracts.

(f) As the number of professional educators per each one
thousand students in net enrollment increases during fiscal years
two thousand nine through two thousand thirteen, any additional
positions that are created as a result of that increase shall be
positions that will enhance student achievement and are consistent
with the needs as identified in each county board's electronic
county strategic improvement plan. County boards are encouraged to
fill at least some of the additional positions with technology
integration specialists.

(g) During the two thousand eight - two thousand nine interim
period, and every three interim periods thereafter, the Legislative
Oversight Commission on Education Accountability shall review the
four density categories created in section two of this article, the
ratios for professional educators established in this section and
the ratios for service personnel established in section five of
this article.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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